Georgia Family Law Questions & Answers

Q: Is it legal for the mother of our child to receive child support if she is living with me and our child

1 Answer | Asked in Child Support and Family Law for Georgia on
Answered on Apr 19, 2019
Regina Irene Edwards' answer
The child support order will remain in place unless and until you change it. You need to speak with an attorney about modifying the order.

Q: my husband an I separated after 3 years. I had my house and truck before we were married. can he take my property

2 Answers | Asked in Family Law for Georgia on
Answered on Apr 17, 2019
Ellaretha Coleman's answer
You will typically be entitled to your pre-marital property in a divorce case. However, you should consult with an attorney to determine if the vehicle and house are truly pre-marital.

Q: If I'm left money in a will is the executor responsible in getting that to me?

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Answered on Apr 16, 2019
P. Justin Thrailkill's answer
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.

Q: My nephew is currently 17 and lives with his dad. If he moves in with me, can his daddy force him to come back home?

1 Answer | Asked in Family Law for Georgia on
Answered on Apr 15, 2019
Regina Irene Edwards' answer
You cannot interfere with a minor's custody. You must wait until he is 18.

Q: I'd adopted child is neglected can the adoption be overturned or changed by other party

1 Answer | Asked in Family Law for Georgia on
Answered on Apr 15, 2019
Ellaretha Coleman's answer
One issue that I anticipate you running into if an adoption has been completed is whether mom's rights, and in turn all of her relatives' rights, have been terminated in that adoption action. You should consult with an attorney to discuss your options if you believe that the child is in danger or is being neglected.

Q: What happen if father filed for sole custody using a false adress for the mother?

2 Answers | Asked in Child Custody and Family Law for Georgia on
Answered on Apr 15, 2019
Ellaretha Coleman's answer
The party filing a lawsuit has the burden of proving proof of service upon the other party. In custody actions, personal service is required, so he would have to personally serve you with the action. Mailing to any address would not be sufficient.

Q: Divorce decree says kids can talk to the other parent through age appropriate devices. Is this appropriate for 4 yr old

3 Answers | Asked in Child Custody, Child Support, Estate Planning and Family Law for Georgia on
Answered on Apr 14, 2019
Kim Ebert's answer
According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).

~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.

Q: Can I trust a court-appointed defender in Dekalb County, where DFACS has unlawfully taken my 22-month-old daughter?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Georgia on
Answered on Apr 10, 2019
P. Justin Thrailkill's answer
You can trust the public defender. I will tell you that you aren't the first I've heard make those allegations against DeKalb DFCS. Right or wrong, you will have the opportunity to address these allegations in court. Take advantage of the ability to have a public defender. If you are unhappy with their services, contact private counsel to take over.

Q: My fiance's nephew is a Baptist minister from Wyoming. Is he authorized to perform the marriage?

1 Answer | Asked in Family Law for Georgia on
Answered on Apr 9, 2019
Homer P Jordan IV's answer
You may want to give the court a call to inquire about this. You can reach them at: (770) 528-8900.

-Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: How likely is it that I can change my son's last name without his father's consent?

1 Answer | Asked in Family Law for Georgia on
Answered on Apr 9, 2019
Homer P Jordan IV's answer
We would really need more details to in order to provide a response to this question. You should consult with an attorney who can review the facts of your case in detail and present you with options and direction. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: My husband filled for divorce and unexpected.he threw me outta our home got temporary custody of our child ..

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Answered on Apr 9, 2019
Regina Irene Edwards' answer
It sounds like you need to consult with an attorney about your case. If he got temporary custody, then he had some evidence to present to the judge that supported that. You will need to hire an attorney to make sure both sides are fully being heard.

Q: Just starting CP case and NCP now wants to offer money, should I accept? How does he benefit?

2 Answers | Asked in Family Law and Child Support for Georgia on
Answered on Apr 7, 2019
Regina Irene Edwards' answer
Yes, you should accept the child support. Just let the office know how much you received.

Q: I’m legally disabled. Can DFCS or Juvenile court treat me differently?

1 Answer | Asked in Juvenile Law, Family Law and Civil Rights for Georgia on
Answered on Apr 5, 2019
Homer P Jordan IV's answer
I'm sorry you are going through this, as it sounds like a difficult time. I'm not sure what you mean about them treating you differently. You could discuss this issue with them, or with an attorney who can review the facts in detail and present you with options. Your child missed school due to his/her depression or your depression? There are unanswered questions here. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Will a judge require me to sign passports to allow my Ex to take our kids out of the US for extended Summer Visitation?

2 Answers | Asked in Family Law for Georgia on
Answered on Apr 4, 2019
Ellaretha Coleman's answer
Possibly. Judges are typically in favor of international travel for children except in cases where there is a real and present danger of them being kept out of the country by the other parent. Unless there is a fear that the other parent will abscond with the child out of the country, a judge will probably grant the request for the passports.

Q: How can I let the non- custodial parent get our 16 year old who wants to live with him?

3 Answers | Asked in Family Law for Georgia on
Answered on Apr 4, 2019
P. Justin Thrailkill's answer
That depends. If there is a custody order, you will need to modify that so that he can register her for school. If the order was in Georgia, and she is here now, it would be appropriate for him to file here to modify it. If you both agree to terms, this could be uncontested and an attorney could assist you for an relatively inexpensive rate.

If the order was in North Dakota, you should still consult with an attorney to see what your options are. It could be domesticated in Georgia,...

Q: All my boyfriend money going to child support doesn’t have enough money for kids in household

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Apr 3, 2019
Ellaretha Coleman's answer
If there has been a change in his financial circumstances since the entry of the child support order, he may qualify for a modification of the present order. He should consult with an attorney to discuss his options.

Q: With joint legal custody does the father have to discuss medical as well as our of state travel with me? Temp order.

4 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Apr 3, 2019
P. Justin Thrailkill's answer
See my answer to the other question you posted. Refer to the parenting plan. Your parenting plan will address this.

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